Trump's Law-Breaking: A Presidential Scandal

As the first former president in US history to be criminally convicted, Donald Trump has been found guilty of breaking several laws. Trump's four criminal cases include charges of falsifying business records, conspiracy to defraud the US, conspiracy against citizens' rights, and mishandling classified documents. The outcome of these cases has been influenced by the Supreme Court's decision to grant Trump immunity for criminal conduct during his presidency, setting a precedent that many argue puts presidents above the law. Despite the immunity, Trump still faces potential prison time and fines for his actions, with legal experts weighing in on the likelihood of various outcomes.

Obstruction of an official proceeding

On August 1, 2023, a grand jury indicted former US President Donald Trump on four charges for his conduct following the 2020 presidential election through the January 6 Capitol attack. One of the charges was "obstructing an official proceeding" under the Sarbanes–Oxley Act of 2002. The charge carries a maximum sentence of 20 years in prison.

The indictment mentions Trump's involvement in the January 6 Capitol attack, which was a violent mob attack on the US Capitol building in Washington, DC, inspired by Trump to "stop the steal" of the 2020 election. The attack disrupted the certification of the election results, which was a joint session of Congress to certify Joe Biden's victory.

The indictment mentions that Trump pressured then-vice president Mike Pence to count fake electors instead of the electors certified by state governments. The fake electors plot involved Trump and his allies drafting allegedly fraudulent certificates of ascertainment affirming Trump as the winner. The effort was performed by Trump's lawyers, including Rudy Giuliani and John Eastman.

Trump also attempted to use the power and authority of the Justice Department to launch fake investigations, send warning letters to seven states, promote the fake electors as valid, and pressure the states' legislatures to convene to formally choose the fake electors over the real ones.

Trump and his co-conspirators also enlisted Mike Pence to change the election results. After Pence resisted their pressure, Trump and co-conspirators urged a mob to march to the Capitol to continue pressuring Pence. On January 6, the mob violently attacked the Capitol and halted the proceeding. Trump and co-conspirators exploited the disruption by continuing to lie about election fraud and to pressure congressional leaders to delay the vote certification.

Conspiracy to defraud the United States

Trump was accused of conspiring with others to use false claims of election fraud to pressure state legislators and election officials to change electoral votes and subvert the legitimate election results. Specifically, he and his co-conspirators allegedly organised "fraudulent slates of electors" in seven states (Arizona, Georgia, Michigan, Nevada, New Mexico, Pennsylvania, and Wisconsin) and attempted to use the Justice Department to conduct sham election investigations and send letters to these states claiming that the department had identified concerns about the election outcome.

The indictment also alleges that Trump and his co-conspirators tried to convince then-Vice President Mike Pence to use his ceremonial role during the January 6, 2021, certification of the election results to fraudulently alter the election results. When Pence refused, Trump allegedly continued to spread false claims of election fraud and pressured members of Congress to delay the certification.

The indictment further claims that Trump and his co-conspirators exploited the January 6 attack on the US Capitol, which was carried out by his supporters, to further spread false claims and attempt to delay the certification.

Trump pleaded not guilty to the charges and claimed that the prosecution was politically motivated. However, a grand jury indicted him on four charges, including conspiracy to defraud the United States, with a maximum sentence of 20 years in prison. The case was later dismissed due to Trump's election as President in November 2024 and the Department of Justice's policy of not prosecuting sitting Presidents.

Conspiracy to make a false statement

The House Jan. 6 committee urged the Justice Department to consider prosecuting Donald Trump for four different crimes, including conspiracy to make a false statement. This statute concerns an alleged scheme by Trump allies to submit "fake electors" in battleground states won by Biden as a way to obstruct the certification of the results and invalidate Biden's victory. These electors signed patently false certifications, and the committee maintains it has evidence that Trump was a participant in the scheme.

Months before, the Justice Department had issued grand jury subpoenas to the "fake electors" in multiple states, underscoring prosecutors' interest in the activity.

Trump has been known to make false or misleading claims. In his first term as President of the United States, fact-checkers at The Washington Post documented 30,573 false or misleading claims, an average of about 21 per day. The Toronto Star tallied 5,276 false claims from January 2017 to June 2019, an average of six per day.

Trump's falsehoods have been described as unprecedented in American politics, with his consistency of falsehoods a distinctive part of his business and political identities. Scholarly analysis of Trump's tweets found significant evidence of an intent to deceive.

In August 2023, 21 of Trump's falsehoods about the 2020 election were listed in his Washington, D.C. indictment, while 27 were listed in his Georgia indictment.

In 2024, Trump was indicted on 88 felony charges, including conspiracy to defraud the United States and obstruction of an official proceeding.

Inciting or aiding an insurrection

On January 6, 2021, thousands of supporters of former US President Donald Trump gathered at a "Save America" rally in Washington, DC, to challenge the result of the 2020 presidential election. The rally was organised after Trump's repeated false claims that the election results were fraudulent and should not be accepted or certified by officials.

In a 70-minute address, Trump exhorted his supporters to march on Congress, where politicians were meeting to certify Joe Biden's victory. The attack on the Capitol building began moments after Trump finished speaking.

Trump was impeached by the House of Representatives for inciting the insurrection but was later acquitted by the Senate. The House Jan. 6 committee has urged the Justice Department to consider prosecuting Trump for inciting or aiding an insurrection, among other charges.

The committee's referral on this charge states that Trump summoned rioters to Washington on January 6 with the goal of mobilising a large crowd of supporters. Some of the accused rioters charged by the Justice Department cited Trump's tweets as their inspiration. The committee also notes that Trump showed no concern when rioters chanted "Hang Mike Pence" and for hours resisted the pleas of advisers who told him to tell the rioters to disperse.

Under the statute, Trump need not have coordinated with supporters to carry out a rebellion. Instead, one could violate the statute simply by aiding an insurrection or giving comfort to those participating in it.

Some legal experts have questioned whether the Justice Department could successfully prosecute Trump for inciting the insurrection based on a speech he gave at the Ellipse that preceded the riot. In that address, he encouraged the crowd to "fight like hell" but also told them to proceed to the Capitol "peacefully and patriotically".

Trump has denied wrongdoing and claimed the Biden administration is behind the prosecution.

Falsifying business records

In 2025, former US President Donald Trump became the first former president in US history to be criminally convicted. A New York jury found him guilty of 34 felony counts of falsifying business records in the first degree, a class E felony.

The conviction relates to Trump's efforts to cover up an alleged affair with pornographic film actress Stormy Daniels during his 2016 presidential campaign. In 2016, the National Enquirer, owned by American Media Inc. (AMI), paid Daniels $130,000 as part of a non-disclosure agreement to keep quiet about her claims that she had sex with Trump, which he denies.

Trump reimbursed his former lawyer, Michael Cohen, for the payment through a series of monthly checks. Cohen was paid a total of $420,000, which included the cost of manipulating online polls to boost Trump's status. The payments were illegally disguised as legal fees in Trump's business records.

The Manhattan District Attorney, Alvin Bragg, accused Trump of falsifying these business records with the intent to commit other crimes, including violation of federal campaign finance limits, unlawfully influencing the 2016 US presidential election, and tax fraud.

The prosecution presented a range of evidence to the jury, including invoices, checks, bank statements, audio recordings, phone logs, text messages, and testimony from 22 witnesses.

Each of the 34 counts carries a maximum sentence of four years in prison. However, legal experts believe it is unlikely that Trump will be jailed, and a fine is considered a more likely outcome.

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